18126 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Rules and Regulations 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, we believe that 

this rule should be categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. This 

event establishes a safety zone therefore 

paragraph (34)(g) of the Instruction 

applies. 

A final ‘‘Environmental Analysis 

Check List’’ is available in the docket 

where indicated under ADDRESSES. 

Comments on this section will be 

considered before we make the final 

decision on whether the rule should be 

categorically excluded from further 

environmental review. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. A new temporary § 165.T09–011 is 

added as follows: 

§ 165.T09–011 Safety zone; Michigan 

Aerospace Challenge, Muskegon Lake, 

Muskegon, MI. 

(a) Location. The following area is a 

temporary safety zone: All waters of 

Muskegon Lake and within the arc of a 

circle with a 1500-yard radius from the 

rocket launch site located at the West 

Michigan Dock and Market Corp facility 

with its center in position 43°14′21′′ N, 

086°15′35′′ W (NAD 83). 

(b) Effective period. This regulation is 

effective from 8 a.m. (local) on April 28, 

2007 to 6 p.m. (local), on April 28, 2007. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan, or 

his designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or his designated onscene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on-scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Lake 

Michigan or his on-scene representative 

to obtain permission to do so. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port Lake Michigan or his 

on-scene representative. 

Dated: March 31, 2007. 

Bruce C. Jones, 

Captain, U.S. Coast Guard, Commander, 

Coast Guard Sector Lake Michigan. 

[FR Doc. E7–6777 Filed 4–10–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–07–034] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, 

Potomac River, Oxon Hill, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

upon certain waters of the Potomac 

River during a fireworks display. This 

action is necessary to provide for the 

safety of life on navigable waters during 

a fireworks display launched from a 

barge, located in a cove near Oxon Hill, 

Maryland. This action will restrict 

vessel traffic in a portion of the Potomac 

River. 

DATES: This rule is effective from 8 p.m. 

to 10 p.m. on May 31, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of this docket and are 

available for inspection or copying at 

Commander, U.S. Coast Guard Sector 

Baltimore, 2401 Hawkins Point Road, 

Building 70, Waterways Management 

Division, Baltimore, Maryland 21226–

1791, between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ronald L. Houck, at Coast Guard Sector 

Baltimore, Waterways Management 

Division, at telephone number (410) 

576–2674 or (410) 576–2693. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. There was 

insufficient time to allow for the 

publication of an NPRM followed by a 

temporary final rule before the effective 

date. Any delay of the effective date of 

this rule would be contrary to the public 

interest by exposing the public to the 

known dangers associated with 

Fireworks Displays. 

Background and Purpose 

Each year, thousands of spectators 

attend outdoor fireworks displays 

discharged from vessels or floating 

platforms on or near the navigable 

waters of the United States. Accidental 

discharge of fireworks and falling hot 

embers are a safety concern during such 

events. The Coast Guard has the 

authority to impose appropriate controls 

on marine events that may pose a threat 

to persons, vessels and facilities under 

its jurisdiction. The Coast Guard is 

establishing a safety zone that will be 

enforced during a fireworks display 

held over the Potomac River, in a cove 

near Oxon Hill, Maryland. The rule is 

needed to control movement through a 

portion of the waterway that is expected 

to be populated by vessels seeking to 

view the fireworks display. 

Discussion of Proposed Rule 

On May 31, 2007, the Peterson 

Companies, National Harbor, will 

sponsor a fireworks display launched 

from a barge located on the Potomac 

River near Oxon Hill, in Prince George’s 

County, Maryland. The planned event 

includes an aerial fireworks display 

beginning at 9 p.m. Due to the need for 

vessel control during the fireworks 

display, vessel traffic will be restricted 

to provide for the safety of spectators 

and transiting vessels. 

The purpose of this rule is to promote 

maritime safety, and to protect the 

environment and mariners transiting the 

area from the potential hazards due to 

falling embers or other debris associated 

with a fireworks display from a barge. 

This rule establishes a safety zone on 


cprice-sewell on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Rules and Regulations 18127 

the waters of the Potomac River, within 

a radius of 150 yards around a fireworks 

barge, which will be located at position 

latitude 38°47′24.2′′ N, longitude 

077°01′18.7′′ W. The Coast Guard 

anticipates a spectator fleet during this 

event. The rule will impact the 

movement of all vessels operating in a 

specified area of the Potomac River. 

Interference with normal port 

operations is unlikely; however, if 

required, will be kept to the minimum 

considered necessary to ensure the 

safety of life on the navigable waters 

immediately before, during, and after 

the scheduled event. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities: The owners or operators of 

vessels intending to operate, remain or 

anchor within certain waters of the 

Potomac River, within a radius of 150 

yards around a fireworks barge located 

at position latitude 38°47′24.2′′ N, 

longitude 077°01′18.7′′ W, from 8 p.m. 

to 10 p.m. on May 31, 2007. This safety 

zone will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. This rule will be in 

effect for two hours, commercial vessel 

traffic in this area is limited, vessels not 

constrained by their draft may proceed 

safely around the safety zone, and the 

Coast Guard will issue maritime 

advisories widely available to users of 

the river before the effective period. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104–

121), we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. If 

the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Coast Guard 

Sector Baltimore, Waterways 

Management Division, at telephone 

number (410) 576–2674. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this rule or any policy or action of the 

Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD 


cprice-sewell on PROD1PC71 with RULES
18128 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Rules and Regulations 

and Department of Homeland Security 

Management Directive 5100.1, which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321–

4370f), and have concluded that there 

are no factors in this case that would 

limit the use of a categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. This rule 

establishes a safety zone. 

A final ‘‘Environmental Analysis 

Check List’’ and a final ‘‘Categorical 

Exclusion Determination’’ will be 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T05–034 to 

read as follows: 

§ 165.T05–034 Safety zone; Fireworks 

Display, Potomac River, Oxon Hill, MD. 

(a) Location. The following area is a 

safety zone: All waters of the Potomac 

River near Oxon Hill, Maryland, surface 

to bottom, within a radius of 150 yards 

around a fireworks barge which will be 

located at position latitude 38° 47′ 24.2′′ 

N, longitude 077° 01′ 18.7′′ W. All 

coordinates reference Datum NAD 1983. 

(b) Definition. As used in this section 

the Captain of the Port Baltimore means 

the Commander, Coast Guard Sector 

Baltimore or any Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port to act on his behalf. 

(c) Regulations. The general 

regulations governing safety zones, 

found in § 165.23, apply to the safety 

zone described in paragraph (a) of this 

section. 

(1) All vessels and persons are 

prohibited from entering this zone, 

except as authorized by the Captain of 

the Port, Baltimore, Maryland. 

(2) Persons or vessels requiring entry 

into or passage within the zone must 

request authorization from the Captain 

of the Port or his designated 

representative by telephone at (410) 

576–2693 or by marine band radio on 

VHF channel 16 (156.8 MHz). 

(3) All Coast Guard vessels enforcing 

this safety zone can be contacted on 

marine band radio VHF channel 16 

(156.8 MHz). 

(4) The operator of any vessel within 

or in the immediate vicinity of this 

safety zone shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign, and 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State and local agencies. 

(e) Enforcement period. This section 

will be enforced from 8 p.m. to 10 p.m. 

on May 31, 2007. 

Dated: April 2, 2007. 

Jonathan C. Burton, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, Baltimore, Maryland. 

[FR Doc. E7–6784 Filed 4–10–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AE87 

Per Diem for Nursing Home Care of 

Veterans in State Homes; Correction 

AGENCY: Department of Veterans Affairs. 

ACTION: Correcting amendment. 

SUMMARY: This document contains a 

minor correction to the final regulation 

that the Department of Veterans Affairs 

(VA) published in 65 FR 23412 on 

January 6, 2000. The regulation relates 

to the payment of per diem to State 

homes that provide nursing home care 

to eligible veterans. 

DATES: Effective date: April 11. 2007. 

FOR FURTHER INFORMATION CONTACT: 

Candice Cornish, Office of Regulation 

Policy and Management (00REG), 

Department of Veterans Affairs, 810 

Vermont Ave., NW., Washington, DC 

20420, (202) 273–9957. 

SUPPLEMENTARY INFORMATION: The VA 

published a document in the Federal 

Register on January 6, 2000, 65 FR 

23412, revising its medical regulations 

concerning payment of per diem to State 

homes that provide nursing home care 

to eligible veterans. In that document, 

we failed to properly punctuate the end 

of § 17.190(c). This document corrects 

that error by removing ‘‘, and’’ and 

adding, in its place, a period. 

List of Subjects in 38 CFR Part 17 

Administrative practice and 

procedure, Claims, Disability benefits, 

Health care, Pensions, Radioactive 

materials, Veterans, Vietnam. 

Robert C. McFetridge, 

Assistant to the Secretary for Regulation 

Policy and Management. 

■ For the reason set out in the preamble, 

VA is correcting 38 CFR part 17 as 

follows. 

PART 17—MEDICAL 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 38 U.S.C. 501, 1721, and as 

stated in specific sections. 

§ 17.190 [Corrected] 

■ 2. In § 17.190, paragraph (c) is 

amended by removing ‘‘, and’’ and 

adding, in its place, a period at the end 

of the paragraph. 

[FR Doc. E7–6762 Filed 4–10–07; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0576; FRL–8121–3] 

Tetraconazole; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of tetraconazole 

in or on peanut, pecan, sugarbeet and 

soybean. Sipcam Agro USA, Inc. and 

Isagro S.p.A. requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective April 

11, 2007. Objections and requests for 

hearings must be received on or before 

June 11, 2007, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–


cprice-sewell on PROD1PC71 with RULES